Hillarysworld

This is a more detailed analysis of Leo Donofrio's case against the Hawaii Department of Health, which has the appropriate acronym "DOH"!

Leo Donofrio, as many of you know, is a New Jersey lawyer who took the ineligibility case to the Supreme Court.  They looked the other way and refused to defend the Constitution.  Now Leo is back with a vengence, and taking on the Hawaiian Department of Health.

Fukino, as you may remember, stated in July that Obama is a "natural born citizen."  This is untrue, as a natural born citizen must have two U. S. citizen parents.  Obama does not, so he doesn't meet the Constitutional requirements to BE president.

Leo tried to ignore the birth certificate issue for a while, since he thought that, since it's obvious that Obama has a British father - Barack put that on his website - it should be a slamdunk in court.  Wrong!  Donofrio underestimated the power of bribery and/or blackmail in every single corner of our corrupt government.  So now he has decided to go in a direction that might be more fruitful - the long-form birth certificate.

The following is all in quotes (I think I'll start using bold instead of quotes, as that will be easier ):

The entire Presidential eligibility movement has been ridiculed as a fringe “conspiracy theory” by main stream media, members of Congress and even Judges speaking directly from the bench.  This ridicule is largely due to public statements made by Hawaii Department of Health Director, Dr. Chiyome Fukino (see below) [who testified] that she has seen vital records maintained by her office which prove President Obama was born in Hawaii and that he has an original birth certificate on file there.

[snip]

But reliance on Director Fukino and her Communications Director Janice Okubo are sadly misplaced.  They are guilty of misdirecting the public away from vital records information made expressly available by statute where no privacy exceptions apply.

These accusations are not a matter of conjecture.  They are a matter of fact and shall be proved.  This, Part 1 of the full report, will illustrate multiple instances of misdirection.

Following reports in the days ahead will detail various information requests made by TerriK and their eventual resolution.  The resolution involves official responses which – according to statutory application – admit the existence of amendments and/or corrections to President Obama’s vital records despite the continuing pattern of misdirection.

BACKGROUND

The state of Hawaii enacted the Uniform Information Practices Act (UIPA) as a means by which the public may have free and open access to all information maintained by the Government.  While some information is obviously restricted to protect the privacy of individuals, the intent of the statute is clear; to help the public access government held information.

Page 9 of the UIPA Manual states:

Given this direction that the UIPA be interpreted to promote open government, any doubt regarding disclosure of a record should likely be resolved in favor of access.

Unfortunately, officials at the Hawaii Department of Health (DoH) have been using the statute for the opposite purpose it was intended.  This investigation will bear witness to blatant offensive abuses of the law which have clearly frustrated the purpose and scope of the statute, a statute intended to do just the opposite.

[snip]

Tactics used by Department of Health Director Fukino and Communications Director Okubo have frustrated the true intent of the UIPA.  TerriK and myself will request that the Director of the Office of Information Practices – an office created to enforce the UIPA – institute disciplinary proceedings against Fukino and Okubo based upon their wrongful conduct concerning multiple UIPA requests made by TerriK.

Whether intentional fraud was involved is an issue that must be looked into by law enforcement.

GENESIS OF THE TerriK INVESTIGATION

DoH Director Fukino issued the following statement in a press release dated October 31, 2008:

…I as Director of Health for the State of Hawai‘i, along with the Registrar of Vital Statistics who has statutory authority to oversee and maintain these type of vital records, have personally seen and verified that the Hawai‘i State Department of Health has Sen. Obama’s original birth certificate on record in accordance with state policies and procedures.

Eight months later, in a press release dated July 27, 2009, Director Fukino further stated:

“I, Dr. Chiyome Fukino, Director of the Hawai‛i State Department of Health, have seen the original vital records maintained on file by the Hawai‘i State Department of Health verifying Barack Hussein Obama was born in Hawai‘i and is a natural-born American citizen. I have nothing further to add to this statement or my original statement issued in October 2008 over eight months ago.”

TerriK took immediate notice that the second statement mentioned “original vital records” (plural), whereas the first statement only referred to a single record; an “original birth certificate”.  TerriK deduced that any definition of natural born citizen must refer to parentage and/or place of birth, both of which should have been contained in the original birth certificate.

Since Director Fukino viewed “vital records” in making her second public statement, TerriK then assumed that President Obama’s original birth certificate had been amended and/or corrected – in that had it not been so changed, only the original birth certificate (singular) would have required access by Fukino rather than “vital records” (plural).

TerriK’s research into the UIPA also revealed that if Obama’s records had been amended, Obama was required by the UIPA statute to make preliminary UIPA requests himself – to see his own records and also to amend or correct them.

UIPA requests are themselves government records maintained according to statute just as birth and other vital records are maintained.

TerriK, after assuming those UIPA requests had been made, then made a UIPA request herself requesting all information pertaining to – not just the actual amendments, if any – but also to the UIPA requests required to see records and amend them.

TerriK originally believed that the actual vital birth records were completely protected under Section 338-18 of the Hawaii Revised Statutes.  But it wasn’t clear to her that UIPA requestsfor records, requests to amend and/or correct vital records, and fees paid thereto were also protected under the statutes.

Regardless, she simply requested those UIPA records as if they did exist and hoped for the best.

MISDIRECTED BY DEPARTMENT OF HEALTH OFFICIALS

While TerriK did receive some accurate guidance from staff attorneys in the OIP (which will be discussed in following reports), the responses from Directors Fukino and Akubo in the DoH were misleading and deceptive.  They failed to provide clear statutory guidance where such guidance was obviously proper.

The following statement was made by Director Fukino in an email to TerriK on August 6, 2009:

From: “Fukino, Chiyome L.” <chiyome.fukino@doh.hawaii.gov>

Date: August 6, 2009 3:54:02 PM EDT

To: [MissTickly, real name and email redacted] oip@hawaii.gov

Subject: RE: Appeal for urgency

Dear [TerriK (real name redacted)],

State law prohibits the Department of Health from disclosing any information about a Hawaii vital record unless the requestor has a direct and tangible interest in the record. This includes verification of vital records and all the information contained in a record. For information on the law that governs vital records in the State of Hawaii, please refer to HRS §338 at http://www.capitol.hawaii.gov/hrscurrent/…

Sincerely,
Chiyome L. Fukino, MD
Director
Hawaii State Department of Health

The statute cited -  HRS 338 – operates – according to Fukino’s statement above – to prevent the disclosure of “any information about a Hawaii vital record” to the public at large.  Unfortunately, that is a blatantly false statement.  In fact, it appears to be intentionally fraudulent having [come] from an official who certainly knows it’s false.

The very same statute – at 338-18(d) – provides:

(d)  Index data consisting of name and sex of the registrant, type of vital event, and such other data as the director may authorize shall be made available to the public.

Had TerriK been made aware of this subsection, she could have specifically applied it to Fukino’s July 27, 2009 press release and requested the “index data” pertaining to all “vital records” kept by the state of Hawaii for President Obama.

As I write this, despite the fact that HRS 338-18(d) makes such index data available with no exceptions, the state of Hawaii Department of Health has never released to TerriK or, to my knowledge, anyone else, index data concerning vital records of President Obama other than the existence of an original birth certificate.

The public is entitled, with no exception provided by law, to examine all index data referred to in HRS 338-18(d) pertaining to each and every vital record on file in the state of Hawaii for President Obama.

Due to her lingering intuition, TerriK kept the investigation going, but it wasn’t until this week that she learned about and understood the importance of HRS 338-18(d).  She was completely baffled when I brought it to her attention.  Throughout her voluminous correspondence with the DoH and OIP, subsection (d) had never been mentioned to her.

The general public are not skilled in complex statutory interpretation.  Nor are they generally skilled in legal and document research.  The UIPA was created to assist the public in these difficult areas.  Moreover, according to the UIPA Manual, a bias exists for public disclosure of information.  Yet, Director Fukino not only failed to inform TerriK about the mandated availability of index data listed in 338-18(d), Fukino insisted that “State law prohibits the Department of Health from disclosing any information about a Hawaii vital record” to the public at large. 

[snip]

CONCLUSIONS

[snip]

All of the above is evidence of an egregious pattern of misdirection.  I will provide more examples of this pattern in follow up reports.

Report prepared by Leo C. Donofrio, Attorney.  Published on September 24, 2009.

http://naturalborncitizen.wordpress.com/2009/09/24/terrik-investigation-part-1-hawaii-department-of-health-directors-fukino-and-akubo-are-guilty-of-misdirection/